Patterson v. State of Alabama et al

Filing 12

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 2/18/2016. (AVC)

FILED
2016 Feb-18 PM 04:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARTINEZ PATTERSON,
Petitioner,
v.
STATE OF ALABAMA, et al.,
Respondents.

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Case No.: 2:12-cv-04020-VEH-SGC

MEMORANDUM OPINION
This is an action on a petition for a writ of habeas corpus filed pursuant to 28
U.S.C. § 2254 by Martinez Patterson, proceeding pro se. (Doc. 1). The magistrate
judge entered a report and recommendation on January 8, 2016, recommending
Patterson’s claims challenging his 2007 robbery convictions be denied as barred by
the statute of limitations set out in 28 U.S.C. § 2244(d)(1)(A), his claims challenging
his 2012 probation revocation be denied as procedurally defaulted, and his claims
challenging his pre-trial detention on 2012 robbery charges be dismissed as moot.
(Doc. 11). Furthermore, in accordance with Rule 11 of the Rules Governing Section
2254 Cases, the magistrate judge recommended a certificate of appealability be
denied. (Id.). Patterson was afforded fourteen (14) days to file objections to the

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report and recommendation. (See id.). More than fourteen (14) days have passed,
and the court has received no objections from Patterson.
After careful consideration of the record in this case and the magistrate judge’s
report, the court ADOPTS that report and ACCEPTS the magistrate judge’s
recommendations. Accordingly, Patterson’s claims challenging his 2007 robbery
convictions are due to be denied as time-barred, his claims challenging his 2012
probation revocation are due to be denied as procedurally defaulted, and his claims
challenging his pre-trial detention on 2012 robbery charges are due to be dismissed
as moot. Furthermore, for the reasons set forth in the report and recommendation and
pursuant to Rule 11 of the Rules Governing Section 2254 Cases, a certificate of
appealability is DENIED.
A final judgment order will be entered.
DONE and ORDERED this the 18th day of February, 2016.

VIRGINIA EMERSON HOPKINS
United States District Judge

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